A Queensland home isn’t complete without a pool to cool off in on those hot summer days however, there is a dark side to pool ownership.  Drowning is one of the leading causes of death in Queensland children under the age of 5 years old.

The fence that surrounds the area, the fancy lock on the gate and the trimmed trees surrounding the fence all attribute to a certain standard as set out in legislation established by the QLD Government.

So what are the rules?

The pool fence must be at least 1200mm high;

The bottom of the pool fence and gate must be no more than 100mm off the ground;

The horizontal rails of the pool fence are 900mm or more apart;

The gaps between the verticals of the pool fence are no more than 100mm wide;

All climbable object are at least 900mm away from the fence on the outside.  These can include but are not limited to items such as trees, garden rocks, shrubs, furniture;

There are no climbable objects within 300mm of the pool fence on the inside;

The pool fence is permanent and well maintained.  There are no holes, broken rails or verticals and it’s rigid and fixed securely;

The pool gate opens outwards from the pool;

The pool gate self-closes from any open position;

The pool gate self-latches from any open position;

The gate latch is located at least 1500mm above the ground;

The gate latch is also at least 1400mm above the top part of the lower horizontal railings;

The hinges on the pool gate are at least 900mm apart and the lower hinge has a non-climbable safety cap affixed to it;

A CPR sign is prominently displayed in the pool area;

The above list should be used as a guide only.

Pool safety is particularly relevant for those looking to buy or sell property.  A Contract of Sale on a property can place an onus on both the Buyer and Seller to ensure the transaction sees the safety features of the pool upheld.

A Seller can sell a property with or without a pool safety certificate.  If the Seller is not providing a certificate, they must provide the Buyer with a Form 36 Notice of no Pool Safety Certificate prior to entering the Contract of Sale.  The completed Form 36 must also be forwarded to the Queensland Building and Construction Commission.  Should the Seller provide a Form 36 to the Buyer, the Buyer has 90 days from the day of settlement to obtain a pool safety certificate.

If a Seller notes on the Contract a pool safety certificate is current with the property, the Seller must provide this to the Buyer prior to settlement of the Contract

The certificates cost $38.10 and additional inspection costs must be pre-empted.  The certificates are valid for 2 years from the date of issue.

More information regarding pool safety and how to obtain a pool safety certificate can be found at:

• Queensland Building and Construction Commission: www.qbcc.qld.gov.au
• Department of Housing and Public Works – www.hpw.qld.gov.au

From 1 July 2016, the Government’s foreign resident capital gains tax withholding measure will apply to the acquisition and disposal of certain taxable property. Practitioners need to be aware that the legislation applies to a range of transactions beyond the sale of taxable Australian real property.

The new measure means that the acquirer of certain interests in property must withhold 10% of the cost base of the asset that is being acquired. Generally, the ‘cost base’ will be the purchase price for the asset although the particular ‘cost base’ will depend on the nature of the transaction.

For property transactions, buyers of Australian real estate valued at $2m or over must retain 10% of the purchase price and pay this amount as withholding tax to the ATO, unless the seller produces an ATO clearance certificate or a variation notice prior to settlement.

However, there is no threshold amount for other transactions covered by the legislation, including the acquisition of interests in land-rich entities or for the grant of options.

Article posted from  – Queensland Law Society 

The first home buyers grant in Queensland will be increased to $20,000 next financial year, however the deal will only be available for one year.  The grant currently stands at $15,000 and is offered to people who buy or build new homes, valued at less than $750,000.  First home buyer’s grant will be increased by $5,000 to $20,000 for 2016/17 and foreign house buyers will be charged a new stamp duty of 3 per cent. 

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